Terms and Conditions

Terms and Conditions

Last updated: November 9,2024

This website is owned and operated by Acadiana Blues. Please read these Terms and Conditions (“Terms”, “Terms and Conditions”, or “Agreement”) carefully before using the acadianablues.com website (the “Service”). Acadiana Blues is sometimes referred to herein as “Acadiana Blues”, “us”, “we”, or “our”.

“You” or “Your” as used herein refers to either the individual or entity that accesses or uses the Service. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access or use the Service.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The Service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. Both our Privacy Policy and our Cookies Policy are incorporated by reference into this Agreement.

We reserve the right to refuse or cancel your order at any time for any reason, including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service, and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice and without any prejudice to Acadiana Blues.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to, the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse the Service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Acadiana Blues and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress, along with our other intellectual property, may not be used in connection with any product or Service without the prior written consent of Acadiana Blues.   Therefore, and without prejudice to any other remedies available to Acadiana Blues at law or equity, you acknowledge and agree that Acadiana Blues shall be entitled to seek equitable relief, including a temporary or permanent injunction or order of specific performance, in the case of any such violation or threatened violation and that, in such case, you will not object to such relief on the basis that damage is not imminent, irreparable, or incapable of quantification, and you will not seek any requirement for the posting of a bond or similar security.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Acadiana Blues

Acadiana Blues has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Acadiana Blues shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

At any time, we may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

At any time, we may also modify or discontinue, temporarily or permanently, the Services, and/or to restrict anyone from access to any of the Services, with or without notice and in our sole discretion. We shall not be liable for any modification, suspension or discontinuance of any Services.

Indemnification

You agree to defend, indemnify and hold harmless Acadiana Blues and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Acadiana Blues, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Only to the extent that the foregoing limitation of liability is, in whole or in part, held to be inapplicable or unenforceable for any reason, then the aggregate liability of Acadiana Blues to you shall be limited to the direct damages incurred up to Two Hundred and Fifty Dollars ($250.00).

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or non-misappropriation of intellectual property rights of a third-party, accuracy of informational content, or course of performance.

Acadiana Blues its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law and Venue

These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions. Any action or lawsuit which in any way relates to the Service shall only be brought in the 24th Judicial District Court for the Parish of Jefferson, State of Texas. The prevailing party in such an action or lawsuit shall be entitled to recover such party’s attorney’s fees and costs incurred in connection with the action or lawsuit against the non-prevailing party. Finally, you agree that any such action or lawsuit must be commenced within one (1) year after any right to such action or lawsuit arose, or you shall forever forfeit the same.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Right to Revise Agreement

We reserve the right, at our sole discretion, to modify this Agreement or to impose new or additional terms (collectively “Additional Terms”) at any time. Such modifications or Additional Terms are effective immediately and are incorporated into this Agreement when posted to the website.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the Additional Terms. If you do not agree to the Additional Terms, you are no longer authorized to use the Service.